BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 715|
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CONSENT
Bill No: AB 715
Author: Dickinson (D)
Amended: 6/16/14 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-0, 6/25/14
AYES: Wolk, Knight, Beall, DeSaulnier, Hernandez, Walters
NO VOTE RECORDED: Liu
SUBJECT : Sacramento Area Flood Control Agency: assessments
SOURCE : Sacramento Area Flood Control Agency
DIGEST : This bill specifies how the Sacramento Area Flood
Control Agency (SAFCA) can make changes to assessment amounts,
district boundaries, and other aspects of its benefit
assessments.
ANALYSIS : The California Constitution (Cal. Const.) defines a
benefit assessment as "any levy or charge upon real property by
an agency for a special benefit conferred upon the real
property" (Proposition 218, 1996). Several state laws allow
local officials to levy benefit assessments to pay for public
works and public services, like flood control, street
improvement, streetlights, and public landscaping. The Cal.
Const. requires owners of real property to approve benefit
assessments in a weighted-ballot election. Property owners vote
in proportion to their proposed assessments, which reflect how
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much their property benefits from the proposed public works or
public services.
SAFCA is a joint powers agency, formed in 1990, with a
membership that is comprised of Sacramento County, Sutter
County, the City of Sacramento, Sacramento County Water Agency,
Sutter County Water Agency, Reclamation District No. 1000, and
the American River Flood Control District. SAFCA is responsible
for coordinating a regional effort to finance, provide, and
maintain facilities and works necessary to ensure a reasonable
and prudent level of flood protection in designated residential,
commercial, or industrial areas within its boundaries and for
providing local assurances and participating in cost sharing for
federal flood control projects. SAFCA is governed by the
provisions of a special act enacted by the Legislature in 1990,
the Sacramento Area Flood Control Agency Act (SAFCA Act).
This bill allows SAFCA to, at any time, change any of the
following:
The boundaries of any assessment district established by
SAFCA.
Any projects identified in the report prepared by SAFCA when
it formed an assessment district.
Any assessments levied by SAFCA.
Any act, determination, or provision by SAFCA or SAFCA's board
with respect to any assessment district established by SAFCA.
This bill requires SAFCA to initiate, conduct, and complete
proceedings for any change consistent with:
Article XIIID of the Cal. Const.,
The Proposition 218 Omnibus Implementation Act, and
The procedures provided by state law for SAFCA to form an
assessment district.
This bill requires that, in proceedings to annex territory to an
existing assessment district, the resolutions, report, notices
of hearing, right of majority protest, and any election must be
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limited to the territory proposed to be annexed. In proceedings
to detach an area from an existing assessment district or
dissolve an existing assessment district, SAFCA may dispense
with the preparation and approval of the report that is required
as part of the process to establish a district.
This bill prohibits SAFCA from making a change to any assessment
district while the bond secured by the assessments levied in
that assessment district are outstanding, unless SAFCA's board
determines in the resolution of intention with respect to the
change that it will not interfere with the bonds' timely
retirement.
This bill defines the term "change" to include correct, alter,
modify, add, omit, increase, decrease, extend, or any other
change.
Background
The SAFCA Act allows it to levy assessments, reassessments, or
special taxes and issue bonds to finance the acquisition,
construction, maintenance, or operation of authorized flood
control facilities. SAFCA may levy assessments, reassessments,
or special taxes, and issue bonds in accordance with, and
pursuant to: the Improvement Act of 1911, the Improvement Bond
Act of 1915, the Municipal Improvement Act of 1913, the Benefit
Assessment Act of 1982, the Integrated Financing District Act,
the Mello-Roos Community Facilities Act of 1982, and the
Marks-Roos Local Bond Pooling Act of 1985. The SAFCA Act also
establishes another process that SAFCA may use, as an
alternative or in addition to its other powers, to levy
assessments and issue bonds.
Unlike some other state laws authorizing local governments to
levy benefit assessments, the SAFCA Act does not explicitly
authorize SAFCA to make changes to an existing assessment
district. SAFCA officials want the SAFCA Act to grant it the
same authority that some statutes grant to other local
governments to increase the amount of an assessment, expand
district boundaries, and make other changes to an existing
assessment district.
Comments
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According to the author, "Now that the President has signed
legislation authorizing the Natomas Levee project, it is up to
our community to come up with the required matching funds to
finish the Natomas Levee project. This bill does not change the
vote or noticing requirements and is fully consistent with Prop
218 and the California Constitution."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/26/14)
Sacramento Area Flood Control Agency (source)
AB:k 6/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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